1 Monday, 30th August, 1999
2 [Open session]
3 [The appellant entered court]
4 --- Proceedings commenced at 3:20 p.m.
5 JUDGE SHAHABUDDEEN: I would now merely avail
6 myself of the opportunity to ask Mr. Vujin, who I
7 believe is now present, whether he would consent to a
8 replacement judge being appointed in the contempt
10 MR. CLEGG: I think it's probably appropriate
11 for my co-counsel to leave at this stage, I think,
12 technically. I think Mr. Keegan is nodding.
13 JUDGE SHAHABUDDEEN: No objections whatever
14 from the bench? I just thought that it might be
15 physically possible for you to remain.
16 MR. CLEGG: I will certainly remain.
17 JUDGE SHAHABUDDEEN: No, it's not required at
19 MR. CLEGG: I'm grateful.
20 JUDGE SHAHABUDDEEN: You're fully at liberty
21 to make your exit at this point.
22 Yes. I'm reminded by Mr. Hocking that it
23 would be appropriate for us to invite in Mr. Abell as
25 Mr. Clegg, you’re quite free to leave.
1 MR. CLEGG: Along with Mr. Livingston, I
2 thought. Probably he would want to leave, but I'm
3 prepared to stay out of interest --
4 JUDGE SHAHABUDDEEN: Is Mr. Livingston with
6 MR. CLEGG: Yes.
7 JUDGE SHAHABUDDEEN: Then he also has
8 permission to leave.
9 MR. CLEGG: Right.
10 JUDGE SHAHABUDDEEN: We're glad to see
11 Mr. Vujin and Mr. Domazet. We are awaiting the
12 presence of Mr. Abell.
13 Mr. Vujin, Mr. Domazet, the bench is a little
14 truncate this afternoon. Unfortunately, one of our
15 members, Judge Wang, is not well and this accounts for
16 the shape of the bench this afternoon. It also
17 accounts for the rather informal ways, in many
18 respects, in which we have been proceeding this
20 We've come now -- it's half past three -- to
21 the matter in which Mr. Vujin is involved, and the
22 position is that we find that we cannot proceed because
23 of the absence of Judge Wang.
24 The President, with whom we have spoken, is
25 willing to appoint a replacement Judge to continue with
1 the case but that would require the consent of parties,
2 we think, or at least it would be prudent to obtain the
3 consent of the parties. There are no parties stricto
4 sensu, except perhaps in the case of Mr. Vujin.
5 Mr. Vujin, in your absence and because of the
6 informal nature of the course which the proceedings
7 have taken, we have obtained the consent of Mr. Abell,
8 speaking on behalf of Mr. Tadic, and of the Prosecution
9 to a replacement Judge being appointed in the case in
10 which you are involved, but the President cannot
11 proceed to do so without the consent of all parties.
12 So we're asking whether you would also consent to that
13 being done.
14 MR. VUJIN: Yes, Your Honour. You have my
15 agreement on that. Yes, Your Honour, you do have my
16 agreement. I consent to the replacement.
17 JUDGE SHAHABUDDEEN: Mr. Vujin, I did not
18 have the mechanism properly adjusted, and so I did not
19 hear correctly what you said, but I'm reading it off
20 the transcript. You have expressed your agreement; is
21 that correct?
22 MR. VUJIN: Yes, Your Honour.
23 JUDGE SHAHABUDDEEN: Thank you very much. We
24 will report accordingly to the President.
25 We will suggest this course, that the Court
1 meets tomorrow, hopefully with a replacement judge, at
2 a time which I will indicate to you in a moment.
3 [Trial Chamber confers]
4 JUDGE SHAHABUDDEEN: I have conferred with my
5 colleagues on the bench, and I propose that we assemble
6 at 10.00 in the morning.
7 Mr. Clegg?
8 MR. CLEGG: As all parties are here in the
9 contempt hearing, can I merely raise the question of
10 the motion that I have made in relation to those
11 proceedings and ask whether it be convenient to deal
12 with that hopefully at 10.00 tomorrow morning? I don't
13 think it can be dealt with by the four judges today.
14 JUDGE SHAHABUDDEEN: Yes. That's a motion in
15 the contempt matter --
16 MR. CLEGG: Yes.
17 JUDGE SHAHABUDDEEN: -- or in the appeal
18 matter proper?
19 MR. CLEGG: I'm afraid I get the dividing
20 line between the two a bit confused. It's a motion
21 that affects the presence of Witness D --
22 JUDGE SHAHABUDDEEN: You want a certain
23 witness to be present in court?
24 MR. CLEGG: Yes.
25 JUDGE SHAHABUDDEEN: Yes.
1 MR. CLEGG: So it seems to me that that is a
2 matter that ought to be decided in --
3 JUDGE SHAHABUDDEEN: You would like to have
4 that discussed in the morning at 10.00?
5 MR. CLEGG: Yes.
6 JUDGE SHAHABUDDEEN: The Chamber is
8 MR. CLEGG: I'm grateful.
9 JUDGE SHAHABUDDEEN: If there is no other
10 business, the Chamber will now stand adjourned until
11 10.00 tomorrow.
12 --- Whereupon the hearing adjourned at
13 3.34 p.m., to be reconvened on Tuesday,
14 the 31st day of August, 1999, at
15 10 a.m.